Adarsh Kumar Goel, ACJ. - This petition seeks declaration that the Clinical Establishments (Registration and Regulation) Act, 2010 is ultra vires the Constitution.

2. Case of the petitioners is that they are medical practitioners having their clinics. The Act lays down the requirement of seeking registration, providing for penal consequences in absence of registration. Registration can be granted only on fulfillment of conditions lays down under the Act. Section 12 (2) of the Act requiring facilities to stablise the emergency medical condition of any individual who is brought to clinical establishment.

3. According to the learned counsel for the petitioners requirement of providing for facilities for stablisation of emergency medical condition of an individual is arbitrary and interference with the right of the petitioners to carry on their profession. The petitioners are only running their clinics and they may not be able to provide for facilities for stablising the emergency medical condition of individuals who are brought to such clinics. Those who cannot provide such facilities cannot be debarred from carrying on their medical profession.

We are unable to accept the sub